Concealed carrier disarmed, searched, has weapon disassembled by Coral Gables Police

JFC. CCW holders are NOT the threats these douchebag cops think they are.

What would have happened if Officer Unfriendly accidentally pulled the trigger when removing the gun from the holster???
 
I'm thinking this guy is on friendly terms with at least one judge. Might come in handy.
 
Eric Friday, of Fletcher & Phillips, is the general counsel and lead attorney for Florida Carry, Inc. He too has issues with the constitutionality of the search.

Surprisingly, Friday was not surprised by Oliva’s allegations.

“This is not the first time I’ve heard this story– right down to every round out of the mag, disassembling the gun, and throwing it into the trunk,” Friday said. “Given the significant history of concealed-carry licensees as law-abiding citizens, they should be considered just as trustworthy as any police officer during a traffic stop.”

Friday reiterated that no driver in Florida has a duty to tell police when they are armed.

“Because of repeated instances such as you are describing to me, I no longer recommend that to people today,” Friday said. “I changed my position because of misconduct such as this. There used to be a mutual trust between law enforcement and most concealed-carriers, but police actions in recent years have done a lot to harm that history of mutual trust.”

Friday said police need more training on how to conduct themselves when they encounter legally armed citizens.
Spot on!!
 
And yet my family and friends still think I'm nuts for wanting to live out in BFE around an hours drive out of town(<1k residents).

I hope the town gets bent over hard and smashed in the hoop with a 50 grit sandpaper rubber. After all we all know that as a LEO in Miami-Dade the real thing you need to be on the lookout for is a county employed married guy with a LTC picking up his kid at school, they're the real threat of [STRIKE=North Cuba]North Cuba[/STRIKE] southern Florida.
 
How big if an idiot is this guy? A license is a reasonable suspicion there may be a gun in the car? Agreed But...it is not probable cause that any crime was committed. In fact, by today's standards it should be an indicator that you have an extremely law abiding citizen in front of you. This cop took it as an opportunity to bully this guy and provoked him in an attempt to make him a criminal. Am I wrong here?

Good for the guy for keeping his mouth shut.

"The card is reasonable suspicion that a person inside the car may be armed, at which point the officer stays alive by the way he handled it. Based on the way you presented it to me, based on the officer seeing it in the wallet. It’s not a bad search.”
 
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Concealed carrier disarmed, searched, has weapon disassembled by Coral Gables...

Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..

This is not true!

Depends on the state and how their laws are written. You need to read up on the Gun-Free School Zones Act of 1990 and state laws.
 
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Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..

Local police have NO power to arrest on federal crimes, just like the feds have NO power to arrest on state charges.

GFSZ is NOT applicable if the state issues permits thru a LE agency and the person has such a permit. IDK about FL since the Dept of Agriculture issues them, I suspect there is no legal exemption for GFSZs. It's not enforced by the feds simply because it is ridiculous. As you drive down any roadway in FL (or any state) how are you to know that you are within 1000' of a school? What if you are on an Interstate (stopping is illegal except for emergencies) and a school is within 1000' of the roadway? I could never see anyone with decent counsel being convicted in those cases even with the current idiots in DC running DOJ.
 
Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..

another data point that this forum is being overrun by people who do nothing but spew bad information. Starting to get just a bit ridiculous around here. Stop. Just stop.
 
Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..
Read the story before you hang the guy. He was never on school grounds. This all happened on a public street.
BS like this is why it takes me a few minutes to dig my LTC out from behind the Red Cross card, the VISA card, the library card . . . Concealed is concealed.
 
I carry my LTC directly behind my license in my wallet (so you can see the LTC when the license is removed). Looks like I need to change its location in my wallet.
 
Local police have NO power to arrest on federal crimes, just like the feds have NO power to arrest on state charges.

GFSZ is NOT applicable if the state issues permits thru a LE agency and the person has such a permit. IDK about FL since the Dept of Agriculture issues them, I suspect there is no legal exemption for GFSZs. It's not enforced by the feds simply because it is ridiculous. As you drive down any roadway in FL (or any state) how are you to know that you are within 1000' of a school? What if you are on an Interstate (stopping is illegal except for emergencies) and a school is within 1000' of the roadway? I could never see anyone with decent counsel being convicted in those cases even with the current idiots in DC running DOJ.

The department of agriculture issues ccw permits in fl? Or did I read that wrong
 
In Ma and NH, are we required to inform a LEO that we are carrying if he asks us?

In MA - no. NH - I don't know. If he ASKS - then don't lie. But don't volunteer.
No duty to inform in NH. Now if an officer asks it may be wise to inform and then present the p&r license. But an officer has no need to know you are carrying unless he asks you to get out of the car, then it is prudent to inform him and ask how he wants you to proceed. Many NH cops just assume you have a gun. One state trooper I talked to said he expects it and is not concerned about a gun he knows about.

As to the search. It is extremely likely to be illegal as a recent 6th circuit case (Northrup v city of toledo I believe) stated that someone merely open carrying (where of is legal and it was here) is not grounds to detain and search. As such one can apply the same reasoning to someone legally conceal carrying and I'm sure there is case law somewhere that states as such. While the 6th circuit case is not direct precedent it is persuasive authority.

The man in question here needs to sue on 4th amendment grounds. Hopefully there is case law already established so he can go for "the kill" to get qualified immunity struck down.
 
Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..
An imprecise statement at best.'

School zone carry is illegal under federal law unless you have a state issued permit allowing such carry. In MA and many other states this includes property within school zones but, often, excludes the school property itself. Some states (I think RI, for example) do not exclude schools if you have a carry permit.
 
Having a gun in a school zone is against the law in all 50 states.
I know that, & him (as a CCW holder) should also.
He's lucky he wasn't arrested with federal charges..

Really? And you found this info where?

If you come to Florida, stay out of South Florida and the big cities. That’s just Southern New York, with the same people and the same attitudes. (Many of the cops there are transplants, too.) It’s for them that the state preemption law was needed. In the rural counties of North Florida, the cops wouldn’t bat an eyelash. In fact, they’d probably ask what you carry and if you like it, and give you tips on ammo. You *might* find a jerk, but they’d be the exception, not the rule.

Also, it is perfectly legal to have your firearm in your car, even in the parking lot of a school, with or without CCW, under 790.115 and 790.25(5) , except that school districts can make an exception for student parking privileges. The street in front of the school has no bearing at all. Mr. Olivia did nothing wrong in the slightest.

Furthermore, I would note that Florida law 790.06 says that a licensee must *display* his license and some form of proper identification to a law enforcement officer *upon demand*. You don’t have to surrender it to them, and there is NOTHING WHATSOEVER in the law that requires you to surrender your firearm.
 
In MA - no. NH - I don't know. If he ASKS - then don't lie. But don't volunteer.

Now I may get raked over the coals for this but better to be take the abuse and know for sure (and based on who has spoken in this thread I will find out pretty fast).

My understanding for Mass was if not asked, do not volunteer since we do not have to. If asked if there is a firearm on us or in the car, we are required to disclose.

Fire away.


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As post the original story I hope like stated above he is pretty good friends with one of the judges.
 
Now I may get raked over the coals for this but better to be take the abuse and know for sure (and based on who has spoken in this thread I will find out pretty fast).

My understanding for Mass was if not asked, do not volunteer since we do not have to. If asked if there is a firearm on us or in the car, we are required to disclose.

Fire away.


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As post the original story I hope like stated above he is pretty good friends with one of the judges.

You are required to produce your LTC on demand. As far as I know nothing in the law that specifically requires disclosing that you have a firearm if asked. You could try not answering, but the officer will assume that's a "yes", and lying is a bad idea, so you might as well disclose if you are asked.
 
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